Offshore Wind Worldwide Regulatory Framework in Selected Countries 5th Edition 2024 - Flipbook - Page 349
Offshore Wind Worldwide 2024
6. REAL ESTATE
6.1 Rights over land to be secured
An offshore wind developer in England and
Wales will need to secure the following land
rights:
•
seabed rights for the site of the offshore
wind farm in the form of an Agreement
for Lease and then Lease granted by The
Crown Estate;
•
seabed rights for the corridor of the
offshore wind farm transmission cable
in the form of a Transmission Agreement
for Lease and then Transmission Lease
granted by The Crown Estate; and
•
land rights for the onshore corridor of
the transmission cable and the substation connection of the transmission
cable to the Great Britain transmission
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network, typically in the form of a lease
granted by the freeholder or leaseholder
of the relevant land.
See section 2.2 above for a summary of The
Crown Estate’s recent offshore wind leasing
rounds, through which seabed rights for the
wind farm and transmission connection are
granted, and the related HRA process.
6.2 Costs and risks of legal challenges
The rent payable in respect of an operational offshore wind farm in England and
Wales is typically calculated by reference to
a percentage of gross developer turnover,
subject to a floor if the wind farm is generating below a minimum output level.
Once awarded, a lease of seabed rights
granted by The Crown Estate may only be
terminated in accordance with its terms.
